Fri Jun 19, 2009 12:24PM EDT
See Comments (26)
In October 2007, poor Jammie Thomas was found guilty of copyright infringement for downloading and sharing 24 songs on the Kazaa P2P network. She was ordered to pay the record industry a whopping $222,000, or $9,250 per song, which many observers decried as outrageous at the time.
Thomas (now known as Jammie Thomas-Rasset) eventually wrangled a mistrial over the way jury instructions were presented in the proceedings, and earlier this month her new trial began.
The verdict is now in: Guilty, again. The fine: $1.92 million, or $80,000 per song!
Accounts note that Thomas-Rasset "gasped and her eyes widened" as the dollar amount was read -- but later added in an interview that actually collecting the money would be like "squeezing blood from a turnip."
Legal observers are shocked by the result. Some are even wondering whether the judgment is constitutional, considering it an improper and "grossly excessive" punitive damage and suggesting that such awards, designed to "send a message" to other infringers, cross constitutional lines. Naturally, an appeal of the case itself is also planned to a higher court.
Ars Technica notes that the record industry might not actually be so thrilled with such an insanely high verdict, as it's likely to fuel even more ill will toward the RIAA and the financially struggling record industry, as such a judgment paints them as deep-pocketed corporate vultures cruelly preying on individuals. The RIAA says it's still willing to reach a settlement with Thomas-Rasset, but has declined to offer any specifics on what a settlement might look like.
Meanwhile, Thomas-Rasset says she's determined to keep fighting the case... that is, as long as her pro-bono attorneys are willing to stand by her side.
Join in the discussion. Here you'll see the comments in the order they were posted.
Kns98 We'll just have to agree to disagree on that one middle ages or not. I know anyone reading of her consequences will be less enthused to fall into the same situation than if the charges were a mere.....$100.00
the verdict was posted on the news portion of yahoo earlier today. The total number of songs was closer to 1,700 but she was tried for 24 for simplicity. She should have stteled out of court when she was offered a settlement of $3,500. Stealing is stealing no matter how it is accomplished.
Hopefully the Supreme Court will fast track this one and take it up for a ruling ASAP.
multiple proxies ftw?
All artists should give away songs downloads for free...then make tons of cash doing live shows and touring like in the good ol' days!!!
Wish I were the judge, I'd just stipulate she would have to pay 1.00 per year towards the jurys judgement. Have a wonderful life Jammie Thoma-Rasset. They would just have to hope she will live 192 million years! What's next, busting parties! to demand royalties of music played? A surcharge at sporting events to hear the national anthem played? How about a collections officer at church entrances to surcharge for religious music? How about the government to pay each time 'Hail to the chief' is played? Perhaps a surcharge each time 'TAPS' is played at a military funeral?
Everyone keeps talking about how unfair it is. It's an insane about of money for 24 songs, but it's the principal. There are warning labels all over the place warning us about pirating and download sharing. She's luckey she didn't get a felony charge and jail time. It's a $500,000 - $800,000 fee to do what she did. Eventually the artists are going to start filing lawsuits and all kinds of stupid ----- , and rightfully so.
Capitalism in this country has gotten way out of hand! We have no rights anymore.
There is no such thing as an illegal download!
This one has really gotten me hot under the collar. Why is it "illegal" do download music or movies off the internet. How is it any different than using a VCR to record something off of TV broadcasts, or is someone going to try and say that is illegal as well. If it is, why do they sell computers, software, and VCR's . These greedy ----- s really need to get a life. Perhaps if everyone would boycott the recording industry this madness would stop!
I think it's a stupid law in the first place. There is no way anyone is going to stop this from happening. I am an author and my book has circulated so many times from person to person without being bought and I'm not all uptight. Yea money is important but sometimes what I have to say is more important. We need to stop being so greedy in this world and think about what we need to say and for people to hear. This greed that I'm speaking of is what's wrong with the States. For real...think about it. Give a little...
That is outrageous and ridiculous but let's hope that people will learn their lesson about illegal downloading, but don't just single her out, go after the others who are doing the same thing; and I agree the RIAA sucks.
First of all, she only got caught because she was sharing on a p2p network. That was her first mistake, and most people are too stupid to realize that anyway. The companies the RIAA contracts simply search for a song, find the uploaders IP, contact the ISP, and sue them. If you download a song and move it into another directory, you are no longer sharing it. Thus they can never find it. Whatever, I use torrents anyway. They go across multiple servers and the protocol is much more efficient.
And by the way, today's pop music SUCKS! The RIAA wonders why it's been declining. They are ignorant ----- s. Music is not music anymore, at least not to them. It is now a PRODUCT. Don't even get me started on 'Disney'. Every CD has more filler than quality. Who listens to CDs anymore anyway??? They need to pull their head out of their ass and realize digital means is the future.
i have purchased my last cd or dvd. i have never pirated any music or movie and have too many cds now to listen to or dvds to watch. but the recording industry is robust in trying to hurt individuals in order to send a message? well they have succeeded with me. NO MORE OF MY MONEY. EVER.
this is called legal slavery
This is very maddening. Okay, so she broke the law, and the RIAA does (and should) have the right to have some recourse. But this is beyond excessive. I am resolved to not only stop buying CDs or downloads, but whenever I listen to the radio from now on it will be a news or talk radio show. If the radio stations play the songs that the RIAA thinks are so valuable, but no one is there to listen, there will be no one to hear the ads, and the advertisers will stop paying their money to have the ads played on those stations. No listeners = no $. No exposure of new music = no sales. No sales = no RIAA.
These guys are ridiculous, $2,000,000 for 24 songs??? I think this Jamie person shouldve stuck with the first trial with 222k. She got the tail end of this deal for sure. No matter, examples have to be made. Just Make Sure You're Not Next! iTunes FTW!
Its music people. Its supposed to be free expression and a form of art. Sick corporations are expolting us man. They're oppressing us man. Yeah fight the power. Man.
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6 Posted by kns98 on Fri Jun 19, 2009 2:23PM EDT Report Abuse
and to bella, we dont make examples fo people, that is what they did in the middle ages. The law should be just, fair and proportionally and applied equally to all offenders.